Friday, October 23, 2020
Home Fact-Check Political Fact-Check Manish Tewari misleads the parliament by saying Article 370 was permanent. Here are the...

Manish Tewari misleads the parliament by saying Article 370 was permanent. Here are the facts

Every article of the constitution is India can be amended using due process, even its preamble was amended during the emergency by Indira Gandhi government

Yesterday the Article 370 of the Indian Constitution was abolished when the Lok Sabha approved a presidential resolution abolishing the Article invoking the provision of clause 3 of Article 370. The resolution got more vote than the strength of NDA, which means several opposition parties voted for it.

Congress party had opposed the move, and in doing so, they had even resorted to misinterpretation that the Article 370 is permanent and it can’t be revoked. Participating in the debate on the resolution, senior Congress leader Manish Tewari argued that clause 3 of the Article 370 implies that it was meant to be permanent. He had read out the clause 3, which reads:

Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

This clause means that the president may revoke the Article 370, but a recommendation of the Constituent Assembly is required to do so.

[youtube https://www.youtube.com/watch?v=EIOzsZSkFrs]

He argued that this provision was kept to give the Article 370 a permanency, as the Constituent Assembly does not exist anymore, which was dissolved in 1957. His argument is that since the Constituent Assembly does not exist to approve the abolition of Article 370, this Article is permanent.

Manish Tewari made only selective reading to mislead the house and country to claim that Article 370 is permanent, which is not correct.

First, the Article 370 itself is included in the part of Part XXI of the constitution, which is titled Temporary and Transitional provisions. This means, every article included in Part XXI, are supposed to be temporary and transitional, they are never meant to be permanent like the Congress leader was claiming. Even the first prime minister of India and Congress leader Jawaharlal Nehru had said that Article 370 is temporary.

Article 370 is part of Temporary and transitional provisions of constitution

Article 370 was temporary, because it was created to apply provisions of Indian constitution selectively in the state till the time the state constitution was ready, and it was supposed to be abolished after preparation of the Jammu and Kashmir constitution. But the Constituent Assembly dissolved itself in 1957 without recommending removal of Article 370, and it remained in the constitution.

Every article of the constitution is India can be amended using due process, even its preamble was amended during the emergency by Indira Gandhi government, so it is completely wrong to say that Article 370 is permanent. The fact that requirement of approval of a non-existing Constituent Assembly was there to abrogate it was an anomaly, which should have been corrected long ago.

Just like everything in the constitution, including the preamble, can be amended, the requirement of abolishing an Article also can be amended, which was done using the constitutional provisions itself by the government.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

US Senate Committee on Judiciary approves subpoenas for Jack Dorsey and Mark Zuckerberg asking them to testify over allegations of censorship

The senate approved the subpoenas in a 12-0 vote after both Facebook and Twitter censored a New York Post report on Joe Biden

Remembering Lalu’s Jungle Raj in Bihar: When an IAS officer’s wife was raped for two years by an RJD leader

During Lalu's Jungle Raj in Bihar, IAS Officer BB Vishwas's wife Chamba Biswas was raped for 2 years by RJD leader Mrityunjay Yadav

“Your outrage against Hinduphobic content on OTT platforms may actually be fuelling more such content”- Here is what an industry insider says

OTT platforms are not hit if a movie or a series if boycotted for Hinduphobic content as people have already paid for subscription

No, India Today, Katrina Kaif in yellow saree for Navratri is not offensive to Hindus, this is where you got it wrong

India Today tries to be holier than thou while trying to paint Hindus as trolls over Eros Now's vulgar Navratri posts

CM Yogi distributes relief amount of Rs 113.21 crore among the flood-affected farmers in Uttar Pradesh

CM Yogi distributed the relief amount to the flood-affected farmers in 19 districts of the state by online transaction.

‘Mughal Prince Tucy’ lashes out on AIMIM’s Asaduddin Owaisi, calls him ‘Bewakoof, and Gadha’

Prince Tucy said that when the people of Hyderabad are dealing with horrific floods, MP Asaduddin Owaisi is busy doing poll campaign in Bihar.

Recently Popular

France: Charlie Hebdo cartoons projected on government building to express solidarity with deceased teacher who was beheaded by Islamic terrorist

Days after the barbaric beheading of teacher Samuel Paty on the streets of Paris by a terrorist for showing the cartoons of Prophet Mohammad to his students, support continues to pour in for the deceased teacher.

Eros Now apologises for publishing vulgar Hinduphobic content on Navratri

After netizens outraged over vulgar posts on Navratri, Eros Now issued an apology.

Lucknow: Jama Mazar caretaker ‘Kale Baba’ caught running sex racket, video goes viral

The caretaker has allegedly confessed to police that he was sexually exploiting women and engaging them in illicit activities in the name of curing infertility and other ailments.

No, India Today, Katrina Kaif in yellow saree for Navratri is not offensive to Hindus, this is where you got it wrong

India Today tries to be holier than thou while trying to paint Hindus as trolls over Eros Now's vulgar Navratri posts

Complaints filed against Eros Now and Arré for vulgar social media posts related to Navratri

Both Eros Now and Arre had published social media posts linking Navratri festival with sex and vulgarity

Remember Sheena Bora case? Param Bir Singh was the IG of Konkan range, the site where her body was dumped

Param Bir Singh knew that Sheena Bora was missing. He had asked Rahul Mukerjea to file a 'missing persons' report. Sheena, however, was never reported as 'missing'.
- Advertisement -

US Senate Committee on Judiciary approves subpoenas for Jack Dorsey and Mark Zuckerberg asking them to testify over allegations of censorship

The senate approved the subpoenas in a 12-0 vote after both Facebook and Twitter censored a New York Post report on Joe Biden

Complaints filed against Eros Now and Arré for vulgar social media posts related to Navratri

Both Eros Now and Arre had published social media posts linking Navratri festival with sex and vulgarity

Chhattisgarh police file FIR against video journalist who had reported on farmer protests based on an allegedly edited video

Video journalist Manish Soni had reported about the plight of farmers whose paddy crops were ruined due to anti-encroachment drive

Reducing Navratri to ‘mating dance’, comparing Holi with terrorism— how the Indian media has turned Hinduphobic

After Eros Now posted series of vulgar messages associated with Navratri, far-left site Arre posted a Hinduphobic tweet on Durga puja

Remembering Lalu’s Jungle Raj in Bihar: When an IAS officer’s wife was raped for two years by an RJD leader

During Lalu's Jungle Raj in Bihar, IAS Officer BB Vishwas's wife Chamba Biswas was raped for 2 years by RJD leader Mrityunjay Yadav

“Your outrage against Hinduphobic content on OTT platforms may actually be fuelling more such content”- Here is what an industry insider says

OTT platforms are not hit if a movie or a series if boycotted for Hinduphobic content as people have already paid for subscription

Mumbai Police threatens Republic TV executive editor with imprisonment for refusing to reveal source of Hansa report in TRP scam

Republic TV Executive Editor warned by Mumabi Police that he will be booked under IPC sections 174 and 179 if does not give source of Hansa report

No, India Today, Katrina Kaif in yellow saree for Navratri is not offensive to Hindus, this is where you got it wrong

India Today tries to be holier than thou while trying to paint Hindus as trolls over Eros Now's vulgar Navratri posts

UP: Police find conversion of over 200 people to Buddhism fake, people were asked to sign conversion papers disguised as govt scheme

After reports of 236 Valmiki community members converting to Buddhisim, police find no evidence of conversion in Karehra village

Lucknow: Jama Mazar caretaker ‘Kale Baba’ caught running sex racket, video goes viral

The caretaker has allegedly confessed to police that he was sexually exploiting women and engaging them in illicit activities in the name of curing infertility and other ailments.

Connect with us

245,563FansLike
466,030FollowersFollow
18,800SubscribersSubscribe